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Wasa International
Insurance Company Ltd and AGF Insurance Ltd v Lexington Insurance Company
English Court of Appeal: Pill, Sedley and Longmore, LJJ: [2008] EWCA Civ
150: 29 February 2008
REINSURANCE: TERMS OF REINSURANCE SUBSTANTIALLY SIMILAR TO THOSE OF PRIMARY
INSURANCE: REINSURANCE TO COVER LOSSES OCCURRING DURING A DEFINED THREE YEAR
PERIOD: PRIMARY INSURER HELD LIABLE FOR LOSS AND DAMAGE OCCURRING OUTSIDE AS
WELL AS WITHIN THE PERIOD OF THE REINSURANCE: WHETHER "FOLLOW THE
SETTLEMENTS" CLAUSE OBLIGED REINSURERS TO PAY FOR LOSSES OCCURRING OUTSIDE
THE THREE YEAR PERIOD
Wasa
International Insurance Company Ltd and AGF Insurance Ltd v Lexington Insurance
Company
English High Court: Commercial Court: Simon J.: [2007] EWHC 896 (Comm):
25 April 2007
REINSURANCE: "FOLLOW THE SETTLEMENTS"
CLAUSE: LIABILITY UNDER THE PRIMARY INSURANCE MORE EXTENSIVE THAN THAT UNDER THE
REINSURANCE: WHETHER LEGAL COSTS RECOVERABLE FROM REINSURERS
Hargreaves (and
other Lloyd’s Syndicates) v. Taian Insurance Company Limited
High Court of Hong Kong, Court of First Instance: Stone J: Commercial Action
No. 27 of 2005: [2006] HKCFI 481: 6 June 2006
INSURANCE/REINSURANCE: SERVICE OF PROCEEDINGS OUT OF THE JURISDICTION: SETTING
ASIDE: JURISDICTION : "RE-REINSURANCE" VERSUS
"CO-INSURANCE": FORUM NON CONVENIENS: APPLICABLE LAW
AIG Europe
(Ireland) Ltd v Faraday Capital Ltd
English Commercial Court: Morison J: [2006] EWHC 2707 (Comm): 31 October
2006
REINSURANCE: DIRECTORS AND OFFICERS INSURANCE POLICY: NOTIFICATION OF LOSS
CLAUSE/CLAIMS CO-OPERATION CLAUSE: CONDITION PRECEDENT: PROPER CONSTRUCTION OF
CLAUSE
R+V
Verischerung AG v Risk Insurance and Reinsurance Solutions SA
English Commercial Court: Gloster J, DBE: [2006] EWHC 42 (Comm): 27 January
2006
Colin Edelman QC and Charles Dougherty (instructed by LeBoeuf Lamb Greene &
MacRae) for the Claimant, R+V
Hugo Page QC (instructed by Penningtons) for the Defendant, Risk Insurance
REINSURANCE: RECOVERABLE HEADS OF DAMAGE: STANDARD FOR PROOF OF LOSS: INTERNAL
MANAGEMENT AND STAFF TIME EXPENSES AND OVERHEADS EXPENDED IN DEALING WITH
CONSPIRACY
Bonner and others v Cox and
others
English Court of Appeal (Civ Div): Waller, Tuckey and Moses LJJ.: [2005]
EWCA Civ 1512: 8 December 2005
REINSURANCE: NON-PROPORTIONAL REINSURANCE: NATURE OF DUTY OWED BY REINSURED TO
REINSURERS: IMPLIED TERMS
ERC Frankona Reinsurance
v American National Insurance Co
English Commercial Court: Andrew Smith J.: 6 July 2005
REINSURANCE: AVOIDANCE FOR NON-DISCLOSURE: DUTY TO DISCLOSE INFORMATION KNOWN BY
AGENT: WHETHER AGENT AN "AGENT TO INSURE": WHETHER AGENT AN
"AGENT TO KNOW": WHETHER INFORMATION MATERIAL: INDUCEMENT: QUALIFIED
ACCEPTANCE OF RISK: MEANING OF QUALIFICATION
American
International Marine Agency of New York Inc and another v
Dandridge
English Commercial Court: Richard Siberry QC: [2005] EWHC 829 Comm: 5 May
2005
HULL & MACHINERY INSURANCE: PARTICIPATION EVIDENCED BY BINDER: BINDER
SUBJECT TO "FOLLOW THE LEADER" CLAUSE: REINSURANCE SUBJECT TO
"SAME CLAUSES AND CONDITIONS OF ORIGINAL POLICY": CHANGES TO
CLASSIFICATION SOCIETY AND INSURED VALUE AGREED UNDER ORIGINAL POLICY BUT NOT
DISCUSSED WITH REINSURERS: TOTAL LOSS PAID BY ORIGINAL INSURERS IN THEIR
PROPORTION UNDER ‘FOLLOW THE LEADER’ CLAUSE: WHETHER REINSURANCE INCLUDED
‘FOLLOW THE LEADER’ TERMS: MEANING OF ‘ORIGINAL POLICY: WHETHER ‘FOLLOW
THE LEADER’ CLAUSE CAPABLE OF INCORPORATION IN REINSURANCE
William
Francis Rendall v Combined Insurance Company of America
English Commercial Court: Cresswell J.: [2005] EWHC 678 (Comm): 21 April
2005
INSURANCE: REINSURANCE: BUSINESS TRAVEL:
ESTIMATED NUMBER OF TRAVEL DAYS: BASIS OF ESTIMATE NOT DISCLOSED: AVOIDANCE:
NATURE OF REPRESENTATION: S.20 MARINE INSURANCE ACT 1906: WHETHER REPRESENTATION
AS TO A MATTER OF FACT OR OF EXPECTATION AND BELIEF: WHETHER REPRESENTATION HAD
TO BE BASED ON REASONABLE GROUNDS: WHETHER REPRESENTATION WAS BASED ON
REASONABLE GROUNDS: WAIVER: MEANING OF "AUTHORISED BUSINESS TRIP":
WHETHER INCLUDES AN EMERGENCY EVACUATION OF BUILDING
Royal
& Sun Alliance Insurance Plc v Dornoch Limited & Others
English Court of Appeal: Brooke, Mance & Longmore LJJ: 10 March 2005
INSURANCE: LIABILITIES TO THIRD PARTIES: REINSURANCE: NOTIFICATION OF LOSS
CLAUSE: CONDITION PRECEDENT TO REINSURERS’ LIABILITY: WHETHER "LOSS"
MEANT "CLAIMED" OR "ALLEGED" LOSS: WHETHER "LOSS"
MEANT "ACTUAL" LOSS: WHETHER LIABILITY FOR COSTS IS "ACTUAL
LOSS": KNOWLEDGE OF LOSS
Royal
& Sun Alliance Insurance Plc v Dornoch Ltd & Others
English Commercial Court: Aikens J.: [2004] EWHC 803 (Comm): 22 April 2004
INSURANCE: REINSURANCE: CLAIMS CONTROL CLAUSE: 72-HOUR NOTICE
CLAUSE: "KNOWLEDGE OF ANY LOSS": MEANING OF "LOSS": MEANING
OF "KNOWLEDGE"
David
George King v Brandywine Reinsurance Co
English Court of Appeal: Waller & Rix LJJ and Sir Martin Nourse: 10
March 2005
INSURANCE POLICIES: OIL POLLUTION: "EXXON VALDEZ": RECOVERY OF CLEAN
UP COSTS INCURRED BY EXXON AFTER OIL SPILL: PROPER LAW OF PRIMARY POLICIES:
WHETHER ANY DIFFERENCE IN INTERPRETATION BETWEEN ENGLISH AND NEW YORK LAW:
REINSURANCE CONTRACTS : SCOPE OF COVERAGE: MEANING OF "REMOVAL OF
DEBRIS": DIVISION OF RISKS BETWEEN POLICY SECTIONS: WHETHER
"TRANSPORTATION ACTIVITIES" INCLUDED CARRIAGE OF OIL BY SEA: SEEPAGE
AND POLLUTION EXCLUSION: MEANING OF "ON LAND"
David
George King and Others v Brandywine Reinsurance (UK) Ltd (formerly Cigna Re Co
(UK) Ltd
English Commercial Court: Colman J: 10 May 2004
INSURANCE POLICIES: OIL POLLUTION: PROPER LAW OF UNDERLYING PRIMARY POLICIES:
REINSURANCE CONTRACTS : SCOPE OF COVERAGE: RECOVERY OF CLEAN UP COSTS INCURRED
BY OIL CARGO OWNER AND TANKER OWNER AFTER OIL SPILL: MEANING OF
"DEBRIS": DIVISION OF RISKS BETWEEN POLICY SECTIONS: EXCLUSION OF
LIABILITIES COVERED UNDER ITIA RULES: EXCLUSION OF LIABILITIES ARISING OUT OF
OWNERSHIP OF WATERCRAFT: MEANING OF "TRANSPORTATION ACTIVITIES":
SEEPAGE AND POLLUTION EXCLUSION: MEANING OF "ON LAND"
WISE
Underwriting Limited & Another v Grupo Nacional Provincial SA
English Court of Appeal: Peter Gibson, Rix and Longmore LJJ.: 20 July 2004
INSURANCE: REINSURANCE: WHETHER "CLOCKS" INCLUDES "WATCHES":
NON-DISCLOSURE: WAIVER: AFFIRMATION: MATERIALITY: INDUCEMENT
W.I.S.E
Underwriting Agency Ltd & Dornoch Ltd v. Grupo Nacional Provincial S.A
English Commercial Court: Simon, J.: [2003] EWHC 3038 (Comm):
1 October 2003
INSURANCE: REINSURANCE: NON-DISCLOSURE: KNOWLEDGE: MEANING OF
"CLOCKS": MATERIALITY: WAIVER: INDUCEMENT/RELIANCE: AFFIRMATION
Paul
Toomey of Syndicate 2021 v Banco Vitalicio De Espana SA De Seguros y
Reaseguros
English Court of Appeal: Sir Andrew Morritt, Dyson and Thomas LJJ. 18 May
2004
REINSURANCE: MISMATCH OF INSURED INTEREST: ORIGINAL
INSURANCE A VALUED POLICY: REINSURANCE POLICY UNVALUED: MATERIALITY:: WARRANTY
OF INSURED INTEREST: BREACH: FULL REINSURANCE CLAUSE
Paul
Toomey of Syndicate 2021 -v- Banco Vitalicio de Espana SA de Seguros y
Reaseguros
English Commercial Court: Andrew Smith, J: 20 May 2003
REINSURANCE: MISMATCH OF INSURED INTEREST: VALUED POLICIES: MATERIALITY:
MISREPRESENTATION: INDUCEMENT: FULL REINSURANCE CLAUSE: WARRANTY OF INSURED
INTEREST: BREACH
Assicurazioni
Generali SpA -v- CGU International Insurance Plc and Others
English Court of Appeal: Peter Gibson LJ, Tuckey LJ, Sir Martin Nourse:
[2004] EWCA Civ 429: 6 April 2004
REINSURANCE: ‘FOLLOW THE SETTLEMENTS’ CLAUSES: BACK-TO-BACK POLICIES:
SETTLEMENTS TO BE FOLLOWED ‘WITHOUT QUESTION’: APPLICATION OF THE ‘SCOR
PROVISOS’
Assicurazioni
Generali SpA -v- CGU International Insurance Plc and Others
English High Court: Commercial Court: Gavin Healey QC: 2 May 2003
REINSURANCE: REINSURERS TO "FOLLOW THE SETTLEMENTS WITHOUT QUESTION:
REINSURERS TO "PAY AS MAY BE PAID THEREON": EXCLUSION OF "EX
GRATIA" PAYMENTS: CLAIM WITHIN REINSURANCE POLICY AS A MATTER OF LAW:
INSURERS’ DUTY TO ACT HONESTLY: INSURERS’ DUTY TO TAKE PROPER AND
BUSINESS-LIKE STEPS IN SETTLING CLAIMS: MEANING OF "EX GRATIA"
Brotherton
and others -v- Aseguradora Colseguros SA and another
English Court of Appeal: Buxton, Mance and Ward LJJ.: 22 May 2003
Insurance/reinsurance: Whether
materiality of non-disclosure can be assessed in light of subsequent events:
RIGHT OF AVOIDANCE: TIME OF EXERCISE: NO POWER OF COURT TO INTERVENE TO
CONTROL ITS USE RETROSPECTIVELY
Peter
Malcolm Brotherton and Others v. Aseguradora Colseguros and another
English Commercial Court: Moore-Bick J.: 26 February 2003
Insurance/reinsurance: Whether
materiality of non-disclosure can be assessed in light of subsequent events
Brotherton and others v Aseguradora Colseguros SA and another
REINSURANCE CONTRACT: SERVICE OUT OF THE JURISDICTION: SETTING ASIDE:
JURISDICTION: FORUM NON CONVENIENS : FACULTATIVE REINSURANCE CONTRACTS: CHOICE
OF LAW CLAUSE: EXCLUSIVE JURISDICTION CLAUSES: GENERIC JURISDICTION CLAUSES:
COLOMBIA : CIVIL PROCEDURE RULES: SERVICE ON AGENTS: OVERSEAS PRINCIPALS: STILL
IN BUSINESS RELATIONS
Groupama
Insurance Company Limited v Overseas Partners Re Limited and Aon Limited
English Commercial Court: Morison, J.: 24 January 2003
INSURANCE: REINSURANCE: DUTY OF DISCLOSURE: MEANING OF "INCURRED
LOSSES": WHETHER DUTY TO DISCLOSE CLAIMS UNDER ORIGINAL POLICY NOT DECLARED
TO REINSURER
Gan Insurance Company Limited v The Tai Ping Insurance Company
Limited
English Court of Appeal: Brooke, Mance and Park LJJ.: March 2002
REINSURANCE: CLAIMS COOPERATION CLAUSE: "investigation and
assessment of any loss": FAILURE TO act in a "proper and business-like
manner": relevance and purpose of enquiries: SUFFICIENCY OF INFORMATION
SUPPLIED IN ANSWER: investigation of all matters relevant to a claim IncludES
coverage issues: conduct over settlement unbusinesslike: AMENDMENT OF PLEADINGS
HIH Casualty & General Insurance Ltd. V (1) Axa Corporate
Solutions (Formerly Axa Reassurance SA) (2) New Hampshire Insurance Co
English High Court: Jules Sher QC: Unreported: 21 December
2001
COMMERCIAL: REINSURANCE: ESTOPPEL: PROMISSORY ESTOPPEL: CLEAR
AND UNEQUIVOCAL REPRESENTATION REQUIRED: FOREGO RIGHTS: RELIANCE ON
REPRESENTATION
GAN Insurance Company v.Tai Ping Insurance Company
English Court of Appeal: Mance and Latham LJJ; Sir Christopher Staughton;
July 2001: 2001 CLC 1133
REINSURANCE: CLAIMS CO-OPERATION CLAUSE (‘CCC’): CCC A CONDITION
PRECEDENT: INTERPRETATION OF ‘AND’: BREACH OF CLAUSE OVERRIDES ‘FOLLOW
SETTLEMENTS CLAUSE: REINSURERS MUST NOT WITHHOLD SETTLEMENT APPROVAL
UNREASONABLY
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